Evaluate whether the Court of Appeal has achieved the right balance in its interpretation of the requirement with regard to the legal principle of double jeopardy.

Description

S 78 of the Criminal Justice Act 2003 requires ‘new and compelling evidence’ as one of the conditions to be satisfied for the Court of Appeal to order a re-trial of a defendant who has been acquitted.

Evaluate whether the Court of Appeal has achieved the right balance in its interpretation of the requirement with regard to the legal principle of double jeopardy. Choose two cases to illustrate your answer.

You may consult and use the following sources, among others:

Ian Dennis, ‘Quashing Acquittals: Applying the “New and Compelling Evidence” Exception to Double Jeopardy’ (2014) 4 Criminal Law Review 247

R v Dobson [2011] EWCA Crim 1255

( You must include an accurate word count on the cover and feedback sheet, please number your pages, Referencing

• Provide a bibliography.

• Accurate use of references and footnotes with OSCOLA. Schedule time to do it.)